Chapter 11: Int'l Law and Norms Flashcards
Two ways to make international law
- custom
- treaties
International treaties criteria
- ratification is voluntary
- domestic review of international law
- adherence to treaties is consistent with sovereignty
International law: obligation
the degree that a country is bound to an international law
International law: precision
how precise the treaty is and how much room for interpretation
International law: Delegation
third party that interprets and applies international agreement
International law: hard and soft
the amount of obligation, precision, and delegation there is in a law. softer laws can become harder (no vice versa)
ICC
enforces international law covering crimes against humanity
Proponents of international law
overall compliance rates are high
Skeptics of international law
- imprecise law
- laws follow practice
- can facilitate mutually beneficial cooperation
- compliance constituencies
What limits enforcement of international law?
the international system is anarchic. All international treaties are enforced by the individual state
Constitutive norms
establishing legitimate actors
procedural norms
decision-making process (e.g., due process)
regulative norms
tell actors how they can and cannot interact with other members of the international community
nuclear taboo
states recognize the power of nuclear weapons and formally agree to not use them unless they are attacked by another state
Life cycle of international norms
- convince
- cascade
- internalize
How do TANs make norms matter?
- create definition of what is right
- naming and shaming
TAN endorsers
- information shortcuts
- enhance prospects for cooperation
TAN monitors
- self reporting vs. direct monitoring
- rely on trustworthy TANs
Implementing policy
- IO subcontractors
- advice on legislation or technical solutions
- fund raising
